miyooper2b
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Location: Central Indiana
Jun 27, 2014 15:38:05 GMT
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Post by miyooper2b on Jun 14, 2016 20:32:54 GMT
DH has had a part-time seasonal job at the same company for 16 years. The money he earns is his fun money. The last two years the company allowed him to direct deposit his check. This year they said all seasonal employee checks would be mailed, no direct deposit allowed, no exceptions. Well, his check from two weeks ago was stolen and cashed. They sent him a copy of the cashed check and told him to file a police report. The check was cashed at a bank about 45 minutes from us on the same day it was issued. It normally take 2 -3 days for a check to reach us by mail. DH is at the PD now filing the report. What else can we do to get the money back? The payroll dept. said there is nothing they can do and they were sorry it happened.  The check was for about $400.00. Any advice would be greatly appreciated. |
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MDscrapaholic
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Post by MDscrapaholic on Jun 14, 2016 20:34:11 GMT
I would say the payroll department is responsible and they should issue you a new check right away! If he's been with them for 16 years that would be the right thing to do.
I'm sorry this happened to your DH.
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Post by mlynn on Jun 14, 2016 20:35:58 GMT
Many moons ago, I worked at a bank. There is such a thing as a "forged endorsement". It can be processed kind of like a stop payment or nsf. I am not sure how it is done, but I would contact my own bank about how to proceed. They should be able to guide DH as to where to go and how to proceed.
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JustCallMeMommy
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Post by JustCallMeMommy on Jun 14, 2016 21:08:14 GMT
The payroll department should be working with their bank to recover the funds, and they should issue a new check. If there is a security department, I might ask them to get involved - it sounds like someone at the company may have taken the check.
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garcia5050
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Post by garcia5050 on Jun 14, 2016 21:13:51 GMT
If it was stolen from the mail, and cashed at a liquor store (for example) - then the liquor store takes responsibility for the loss. The money is recovered from the same trail. The employer's bank recovers the funds from the liquor store's bank, who recovers the loss from the liquor store. Same thing if it was another bank that cashed the check. In most cases, the fundsa are recoverable, it may just take a while.
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Post by cade387 on Jun 14, 2016 21:15:11 GMT
I had a similar thing happen (break in, not through the mail) and the company issued me a new check. good luck
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Post by disneypal on Jun 14, 2016 21:27:56 GMT
The payroll dept. said there is nothing they can do and they were sorry it happened. That isn't true. They may not WANT to do anything but they can. He needs to complete an affidavit and have it notarized and give it to the payroll department. The company then needs to send it to their bank. The bank will determine if the check is a forgery and if so, they will issue a credit back to the company The company can then re-issue the check. Depending on the bank, the process can take up to 6 weeks. If the company won't provide him with an affidavit, he can ask the bank that they company uses for one and I am sure they will provide one for him. I may be able to provide you with a blank affidavit if you want to PM me. Not sure how big the company is (doesn't sound like a large company) but he may want to talk to the controller about this too - I'm sure the controller has dealt with this kind of thing before. |
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Post by littlemama on Jun 14, 2016 21:50:19 GMT
The party who has been defrauded is the person who must file the police report- in this case, your dh. The payroll company can file a fraud afadavit with their bank, but it is only as a courtesy to the employee. They would not give the money to the employee again until they receive funds back from their bank, IF the bank chooses to return the funds.
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Post by papercrafteradvocate on Jun 14, 2016 21:58:58 GMT
The bank who cashed it needs to find out who it was--banks usually don't cash checks for non-account holders anymore (specifically because of reasons like bad checks/forgery)
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Post by disneypal on Jun 14, 2016 22:04:31 GMT
The payroll company can file a fraud afadavit with their bank, but it is only as a courtesy to the employee. It isn't a just a courtesy to the employee. It is a document to prove the employee's signature so the bank can research it and determine if the check that was cashed was not his signature - the bank needs the notarized affidavit to begin the research and after determining that her DH did not cash the check, they will then issue the credit back to the company. |
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Post by buddysmom on Jun 14, 2016 22:30:59 GMT
Way back in college decades ago I had a check forged/stolen from my checkbook, not a payroll check.
I was in my early 20's, I went to the bank and they gave me all sorts of excuses, etc. I think it was for $100 which was a lot of money for a college kid.
I had the cancelled check, showed that it was not my handwriting/signature but just kept "investigating"--without officially calling me a liar.
My parents kept asking me how it was going and I told them of the delays.
My dad came over, we went to the bank and they credited my account on the spot.
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Post by littlemama on Jun 14, 2016 22:38:52 GMT
The payroll company can file a fraud afadavit with their bank, but it is only as a courtesy to the employee. It isn't a just a courtesy to the employee. It is a document to prove the employee's signature so the bank can research it and determine if the check that was cashed was not his signature - the bank needs the notarized affidavit to begin the research and after determining that her DH did not cash the check, they will then issue the credit back to the company. As the company is not the one who has been defrauded, they are not required to do anything. If they file a claim within their bank, it is a courtesy |
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Post by disneypal on Jun 14, 2016 22:44:38 GMT
It isn't a just a courtesy to the employee. It is a document to prove the employee's signature so the bank can research it and determine if the check that was cashed was not his signature - the bank needs the notarized affidavit to begin the research and after determining that her DH did not cash the check, they will then issue the credit back to the company. As the company is not the one who has been defrauded, they are not required to do anything. If they file a claim within their bank, it is a courtesy Ah - I didn't look at it that way - from that viewpoint, yes, I agree. |
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FurryP
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Jun 26, 2014 19:58:26 GMT
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Post by FurryP on Jun 15, 2016 0:06:47 GMT
Way back in college decades ago I had a check forged/stolen from my checkbook, not a payroll check. I was in my early 20's, I went to the bank and they gave me all sorts of excuses, etc. I think it was for $100 which was a lot of money for a college kid. I had the cancelled check, showed that it was not my handwriting/signature but just kept "investigating"--without officially calling me a liar. My parents kept asking me how it was going and I told them of the delays. My dad came over, we went to the bank and they credited my account on the spot. Stupid bank! |
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Peamac
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Post by Peamac on Jun 15, 2016 3:06:51 GMT
I'd contact the place it was cashed (walk in and talk to someone) and see if they have security footage from when the person cashed it. If it was cashed at a bank, there should be something they can look at.
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smginaz Suzy
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Jun 26, 2014 17:27:30 GMT
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Post by smginaz Suzy on Jun 15, 2016 3:27:37 GMT
Frankly, I'd file a claim with the wage and hour division of the state Department of Labor for wages not received. In this case, a requirement set by the company to send live checks resulted in the intended recipient not receiving payment for wages. They have some accountability for that as the employee did not have any other provided option to collect wages. If nothing else, the receipt of a DOL wage claim may prompt them to take more ownership in reissuing a check--because that is bullshit if the employer is not being accountable. Who wants to work for a company with that kind of reputation?
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Deleted
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May 2, 2024 18:28:48 GMT
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Post by Deleted on Jun 15, 2016 3:41:03 GMT
I don't see how the company can put the burden on the OP's DH to try and get the money back. Being that the check was stolen before it even reached the OP's DH, the company should be working with their own bank to recoup the funds. If I paid a utility bill with a check and it was stolen, I wouldn't be able to simply tell the company to file a police report. I'd be on the hook for amount.
OP, if the company is refusing to budge, I would check with the Dept. of Labor (or whatever regulatory agency there is for your area) and find out what recourse your DH has for non-payment of wages.
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sweetpeasmom
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Post by sweetpeasmom on Jun 15, 2016 4:01:46 GMT
I think a big clue here is that it was cashed the same day it was issued. That sounds like it never even made it to the mail. Was it cut at the place of employment or at an payroll company?
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Post by chrispeas on Jun 15, 2016 5:19:02 GMT
I think a big clue here is that it was cashed the same day it was issued. That sounds like it never even made it to the mail. Was it cut at the place of employment or at an payroll company? I too find that very odd. There's no way he would have received that check. |
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LeaP
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Post by LeaP on Jul 21, 2016 17:29:23 GMT
Bumping this because I am curious if they figured out what happened. miyooper2b any updates? |
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Loydene
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Post by Loydene on Jul 21, 2016 18:18:17 GMT
Both the bank and the employer CAN do something about a forgery.
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Post by Chips on Jul 21, 2016 18:22:16 GMT
Just saw this and hoping for good news.
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Post by Jenny in TX on Jul 21, 2016 18:28:35 GMT
The company you work for needs to call the bank and tell them that the endorsement on the back is not your signature and they should issue you a new check. After the bank investigates they will credit the company you work for the money back. I agree that you need to file a police report but once that is done it is on the company to reimburse you.
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M in Carolina
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Post by M in Carolina on Jul 21, 2016 18:37:19 GMT
Your dh needs to report this to the local Postmaster. Stealing mail is a Federal offense. The USPS even has their own law enforcement division for investigations.
Taking stuff out of peoples' mailboxes is illegal as well, so it might also mean that even if another employee stole the check out of the stack of outgoing mail the USPS might still consider that mail fraud.
When I was in college/first married, I had a couple of times that my bank and a car dealership gave me the run around and tried to con me because they figured I was a dumb young kid who wouldn't know what to do. --My bank let a charge go through even though I had no money in my account--the charge was also fraudulent, but they still tried to get me to pay the bank fees from being overdrawn--over $200. I had a $500 overdraft protection/credit line. I was switching to dh's bank and just had been so busy with the wedding that I hadn't gone into the branch to formally close the account. I called my dad's personal banker who told me who to contact higher up. It took two months but I got them to remove all the charges.
Dh and I traded in my car and picked a vehicle that had a 3 day drive it/if it doesn't check out with your mechanic you can return it and cancel the sale. The dealership then tried to refuse to take the vehicle back after we discovered that it had been in a serious accident and should have been totalled. --On the test drive the guy had us go this convoluted way so we didn't get on the interstate. When we finally did take it on the interstate on the way to get it checked out by dh's mechanic the Explorer just about shook and shuddered apart at 65mph. I finally just called my dad, who called them and read them the riot act about trying to swindle kids. He had a lawyer on retainer for his business, so he threatened suing. We wound up getting a Jeep Cherokee from the Atlanta car auction through a friend of dh's father.
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Post by beanbuddymom on Jul 21, 2016 20:15:09 GMT
I think a big clue here is that it was cashed the same day it was issued. That sounds like it never even made it to the mail. Was it cut at the place of employment or at an payroll company? I too find this a key piece of evidence that the company should be investigating - same day as check cut there's someone that stole it either from company before it hit the post office, or at the post office before it went out for delivery since you say it always takes 2-3 days to reach you it never got to your mailbox . I'm surprised company isn't investigating further. |
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Post by disneypal on Jul 21, 2016 21:11:20 GMT
I am tagging the OP, miyooper2bPerhaps she can provide an update. |
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The check was for about $400.00. 
Southern Side eyed Pea 